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Publication Date: 2024-06-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 1868 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence obtained during a police search of his vehicle. The court reversed and remanded, holding that a state police trooper had reasonable suspicion that appellee was armed and dangerous, thus warranting a Terry frisk that recovered a firearm, where appellee was nervous and appeared to be concealing an object after being pulled over for a traffic stop.
The court affirmed the ruling of the trial court granting homeowner's motion for summary judgment, denying the owners' association cross motion for summary judgment, and declaring owners' association 2021 amendment to its bylaws void ab initio.
Publication Date: 2024-06-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 199 MDA 2023
Appellant appealed the trial court's judgment of sentence on his jury convictions of kidnapping and related crimes. The court affirmed, holding that appellant's convictions of unlawful restraint and recklessly endangering another person were adequately supported in evidence.
Workers' Compensation Act notice requirements extended to an insurer where a claimant worked as a sole proprietor since the protections of the notice requirements were more relevant to the insurer due to the unity between the claimant and employer. Order of the Workers' Compensation Appeal Board reversed.
Publication Date: 2024-06-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1808 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence that police recovered from a vehicle. The court reversed, holding that appellee had no reasonably cognizable expectation of privacy in the vehicle where he crashed and abandoned the car, which belonged to another person, after attempting to evade a police traffic stop.
The court granted defendant's motion to suppress evidence recovered as a result of a traffic stop holding the state troopers lacked sufficient reasonable suspicion to effectuate a traffic stop of defendant's vehicle.
In this §1925(a) opinion, the court asked the Superior Court to affirm its order dismissing plaintiff's breach of contract claim against defendant, an insurance company.
The court declined to provide categorical quasi-judicial immunity to guardians ad litem and ruled that the Superior Court has the authority to decide novel issues of law. The case was remanded.
Publication Date: 2024-06-14 Practice Area:Real Estate Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 269 WDA 2023
Trial court erred in finding business had standing to pursue conservatorship of abandoned/blighted property where record was insufficient to determine whether business was located within 2,000 feet of the property via navigable walking/driving distance. Order of the trial court affirmed in part, vacated in part, and remanded.
Defendant moved to suppress evidence found in a search of his vehicle and rowhouse and his statements to Drug Enforcement Administration agents and court found the vehicle stop was a lawful Terry stop, defendant was not in custody until he was later arrested for possession of drugs, he consented to the searches of his car and rowhouse, produced no evidence of coercion and voluntarily agreed to give statements to DEA because he was considering cooperating. Motion denied.